Passing no-deal bill ‘undermines legal case against prorogation’
A LEGAL challenge against the prorogation of Parliament has been rendered “simply untenable” by the recent drama in Westminster, the Government’s lawyer yesterday told the High Court.
Three leading judges are facing calls to declare the five-week suspension unlawful in a case brought by Gina Miller, the anti-brexit campaigner, and backed by former prime minister Sir John Major.
They claim the advice given by Boris Johnson to the Queen to prorogue Parliament for the longest period in 40 years was an “unlawful abuse of power” designed to stop MPS thwarting a no-deal Brexit.
But Sir James Eadie, representing the Prime Minister, yesterday told a hearing in London that their main argument was plainly undermined by “recent events” in the Commons.
He said rebel MPS had demonstrated there was no need for the court to intervene because they succeeded in inflicting a costly defeat on the Government, despite the looming break.
“The centrepiece of this claim is the contention that prorogation was intended to have the effect of depriving Parliament of an ability – or at least a sufficient ability – to legislate, specifically in relation to a no-deal Brexit,” he told the court.
“The last few days indicate, we respectfully submit, that that is just simply untenable in fact.
“As those events evidently reflect, Parliament has had – and taken – the opportunity to do precisely that. They also indicate the political maelstrom into which the court is being invited.”
The matters the High Court was being asked to consider, he said, were “inherently and fundamentally political in nature” as the exercise of the power of prorogation is for “political, not judicial, resolution”.
The urgent judicial review application was brought off the back of Ms Miller’s successful challenge of the Government at the High Court in 2016 over the triggering of the Article 50 process which started the Brexit countdown.
The Lord Chief Justice, Lord Burnett, sitting with two other judges at the High Court, will say if they have reached a decision after 10am today.
The case came as Julian Smith, the Northern Ireland Secretary, made clear that Downing Street had failed to consult him on the impacts of proroguing Parliament. He said it would remove the chance to pass legislation needed to manage Northern Ireland in the event of a no-deal.
Mr Smith warned that direct powers would need to be implemented “at pace” to manage Northern Ireland in a no-deal amid a growing risk to police.
“People are trying to kill them,” he added.
The failure to take into consideration the risk to peace in Northern Ireland is causing mounting concerns in Whitehall, senior sources added.